Criminal Defense Case Results

On May 16, 2025, the HSMV Field Hearing Officer with the Bureau of Administrative Reviews (BAR) office in Tampa, FL, issue a Final Order invalidating the 6 month administrative suspension because “there is insufficient evidence to support the suspension because the arresting officer [with the Bartow Police Department] failed to appear. As a result, the administrative suspension was lifted, instantly restoring the client’s full driving privileges.

On May 28, 2025, the HSMV Field Hearing Officer with the Bureau of Administrative Reviews (BAR) office in Tampa, FL, issue a Final Order invalidating the 6 month administrative suspension because “the DUI evidentiary packet was not received” from the New Port Richey Police Department in time for the formal review hearing. As a result, the administrative suspension was lifted, instantly restoring the client’s full driving privileges.

On June 9, 2025, the HSMV Hearing Officer at the Tampa Bureau of Administrative Reviews entered an order finding insufficient evidence to support the administrative suspension for refusing to submit to a breath test because the DUI evidentiary packet was not received by the date of the hearing.

On June 26, 2025, the HSMV Hearing Officer at the Tampa Bureau of Administrative Reviews entered an order finding insufficient evidence to support the administrative suspension because the arresting officer and breath test officer failed to appear.

On August 5, 2025, the Attorney Hearing Office for the Bureau of Administrative Reviews issued a final order setting aside the suspension of the driving privilege. The order provided:

This case is adjudicated under the authority of Chapter 15A-6, F.A.C., and section 322.2615, F.S. The Hearing Officer has set aside the suspension of your driving privilege dated 28 March 2025 for refusal to submit to a breath, blood or urine test. Upon review of the facts of the case there is not competent, substantial evidence to support the suspension….”

On January 10, 2024, a HSMV Field Hearing Officer with the Bureau of Administrative Reviews in Tampa, FL, entered an order invalidating an administrative suspension. The administrative suspension occurred after a DUI arrest by a deputy with the Hillsborough County Sheriff’s Office. The case involved a breath test reading over .08. The hearing officer determined that there was insufficient evidence to support the suspension.

On February 14, 2024, the HSMV Field Hearing Officer at the Bureau of Administrative Reviews in Tampa, FL, issued a final order on the results of the formal review hearing. In the order, the hearing officer determined insufficient evidence to support the suspension because the arresting officer, a Sumter County Sheriff’s Office deputy, failed to appear. As a result, the six (6) month administrative suspension for having a BAC of .08 or above was invalidated.

On June 18, 2024, an HSMV Field Hearing Officer at the Tampa Bureau of Administrative Reviews (BAR) office issued a final order invalidating our client’s 12-month administrative suspension for the alleged refusal. The hearing officer “determined that there is insufficient evidence to support the suspension because of conflicting evidence or discrepancies.”

On July 8, 2024, a DHSMV Field Hearing Officer with the Bureau of Administrative Reviews in Tampa, FL, issued a final order setting aside the suspension of the driving privilege dated January 3, 2024, for refusal to submit to a breath, blood, or urine test. The order provided: “[u]pon reviewing the facts of the case, the Department Hearing Officer has determined that there is insufficient evidence to support the suspension because of no or improper Implied Consent Warning.” The arresting officer that issued the notice of suspension was a trooper with the Florida Highway Patrol.

On August 21, 2024, the HSMV Field Hearing Officer invalidated an 18-month suspension because there was insufficient evidence to support the suspension since the “DUI evidentiary packet was not received” from the Tampa Police Department in time.

Our client faced DUI charges. After reviewing bodycam footage and police reports, we presented mitigating evidence to the State, leading to a reduction of the charge to reckless driving.

On December 30, 2024, the HSMV Field Hearing Officer invalidated an administrative suspension because there was insufficient evidence to support the suspension since the “DUI evidentiary packet was not received” from the Tampa Police Department in time.

On another case decided on March 1, 2023, our firm conducted a Formal Reviewing to challenge the suspension of our client’s license based on her refusal to submit to a breath, blood, or urine test. The Hearing Officer determined insufficient evidence to support the suspension because the arresting officer failed to appear.

On March 1, 2023, our client’s License Suspension was set aside after a Formal Review Hearing. The Arresting Officer failed to provide the DUI Evidentiary Packet before the Hearing. Therefore, the Hearing Officer determined insufficient evidence to support our client’s license suspension.

12 Month Refusal Suspension Set Aside 

On February 17, 2022, the HSMV Field Hearing Officer at the Clearwater Bureau of Administrative Reviews (BAR) Office entered a final order setting aside the suspension of driving privileges for refusing to submit to a breath test after an arrest for DUI by an officer with the Clearwater Police Department. The basis for setting aside the suspension was because the arresting office failed to appear at the formal review hearing after properly being served with a subpoena.

18 Month Hard Suspension for Refusal Invalidated

On April 19, 2022, a hearing officer at the Bureau of Administrative Reviews issued an order invalidating a 6 month suspension for driving with an unlawful alcohol level. The suspension was invalidated because the arresting officer with the Brandon Police Department failed to appear for the hearing.

18 Month Hard Suspension for Refusal Invalidated – 

On July 7, 2022, a hearing officer in Tampa, FL, invalidated a 18 month hard suspension after a refusal to submit to a breath, blood, or urine test. The suspension was invalidated because the arresting officer with the Tampa Police Department failed to appear at the hearing.

12 Month Refusal Suspension Invalidated for DUI in Hernando County – 

On July 27, 2022, the Hearing Officer at the Tampa Bureau of Administrative Reviews (BAR) office issued a final order setting aside the administrative license suspension. In this case, the client was arrested for DUI in Hernando County by officers with the Florida Highway Patrol.

The order provided:

“Upon a review of the case, there is insufficient evidence to support the suspension because there is a lack of competent substantial evidence to support that the petition was driving or in actual physical control of the vehicle. While law enforcement arrived to the scene of a traffic crash and reflected in their report that they ‘made contact with the driver of the red Jeep,’ there was insufficient evidence to indicate how the petitioner was identified to be the driver.”

On August 8, 2022, a hearing officer with the Bureau of Administrative Reviews issued a “Final Order Setting Aside the License Suspension.” The order explained that the case was adjudicated under the authority of Chapter 15A-6 of the Florida Administrative Code, and Section 322.2615, Florida Statutes.

The Hearing Officer set aside the suspension of the driving privileges for refusal to submit to a breath test after a DUI arrest by a trooper with the Florida Highway Patrol.

The order explained that after a review of the case, there was insufficient evidence to support the suspension because:

• there was no evidence in the record to establish that implied consent was read to Petitioner by law enforcement;
• the arrest report did not state anywhere in the narrative section that implied consent was read incident to a lawful arrest;
• within the alcohol and drug influence report, the box is checked “no” for implied consent warning given.

On August 10, 2022, a HSMV Field Hearing Officer at the Bureau of Administrative Reviews in Tampa, FL, set aside the suspension of the driving privileges for driving with an unlawful alcohol level. The hearing officer explained that after reviewing the facts of the case, there is insufficient evidence to support the suspension because the arresting officer failed to appear. A copy of the order was provided to the Hillsborough County Sheriff’s Office.

On August 12, 2022, a HSMV Field Hearing Officer at the Bureau of Administrative Reviews in Tampa, FL, set aside the suspension of the driving privileges for refusal to submit to a breath, blood, or urine test. The hearing officer explained that after reviewing the facts of the case, there is insufficient evidence to support the suspension because the arresting officer failed to appear. A copy of the order was provided to the Florida Highway Patrol.

On October 28, 2022, a HSMV Field Hearing Officer in Tampa, FL, invalidated a suspension for driving with an unlawful alcohol level after a DUI arrest by an officer with the University of South Florida Police Department. The suspension was invalidated because there was insufficient evidence to support the suspension since the DUI evidentiary packet was not received by the DHSMV in time for the hearing.

On September 8, 2022, a HSMV Field Hearing Officer at the Bureau of Administrative Reviews in Tampa, FL, set aside the suspension of the driving privileges for driving with an unlawful alcohol level. The hearing officer explained that after reviewing the facts of the case, there is insufficient evidence to support the suspension because the breath test operator failed to appear. A copy of the order was provided to the Hillsborough County Sheriff’s Office.

On September 20, 2022, a HSMV Field Hearing Officer at the Bureau of Administrative Reviews in Tampa, FL, set aside the suspension of the driving privileges for driving with an unlawful alcohol level. The hearing officer explained that after reviewing the facts of the case, there is insufficient evidence to support the suspension because the DUI evidentiary packet was not received. A copy of the order was provided to the University of South Florida Police Department.

On November 21, 2022, a Hearing Officer with the Bureau of Administrative Review in Tampa, FL, entered a final order on the results of the review hearing invalidating the six (6) month revocation after a DUI arrest. The order stated that the hearing officer determined insufficient evidence supported the suspension because the arresting officer with the Tampa Police Department failed to appear at the hearing after being served with a subpoena.

In a different case decided on November 21, 2022, a Hearing Officer with the Bureau of Administrative Review in Clearwater, FL, entered a final order on the results of the review hearing invalidating the six (6) month revocation after a DUI arrest. The order stated that the hearing officer determined insufficient evidence supported the suspension because the arresting officer with the Pinellas County Sheriff’s Office failed to appear at the hearing after being properly served with a subpoena.

18 Month Refusal Suspension Set Aside

On January 14, 2021, the HSMV Field Hearing Officer Samantha Simpkins invalidated an administrative suspension for refusing to submit to a breath test after a DUI arrest in Hillsborough County. The order provided that upon review of the facts of the case, the Department Hearing officer has determined that there is insufficient evidence to support the suspension of the petitioner’s driver license due to insufficient documentation submitted to the administrative hearing to establish probable cause of the arrest “because the DUI evidence packet was not received.”

12 Month Refusal Suspension Set Aside

On March 2, 2021, a HSMV Field Hearing Officer at the Tampa Bureau of Administrative Reviews issued a final order setting aside a 12 month suspension for refusing to submit to a breath test. The order provides: “the Department Hearing Officer has determined that there is insufficient evidence to support the suspension because the arresting officer failed to appear.”

6 Month Suspension Invalidated When One BAC Reading was Below .08 

On March 3, 2021, a hearing officer with the Clearwater Bureau of Administrative Reviews entered a final order setting aside a 6-month driver’s license suspension triggered after a DUI arrest by an officer with the St. Petersburg Police Department. The order provided:

“[u]pon a review of the case, there is insufficient evidence to support the suspension because the breath test result did not comply with Section 316.193(1)(b) F.S. and Rule 11D-8.002(12) in that the petitioner provided two breath samples, one of which the result was under .08g/210L.”

Although officers might trigger an administrative suspension when one BAC reading is above the legal limit and one BAC reading is below the legal limit, the hearing officer will invalidate the suspension if you request a formal review hearing and make a motion to invalidate the suspension based on a lack of evidence.

DUBAL Six (6) Month Administrative Suspension Set Aside

On June 18, 2021, a HSMV Field Hearing Officer at the DHSMV’s Bureau of Administrative Reviews office issued a final order that set aside the administrative suspension of our client’s driver license for driving with an unlawful alcohol level (DUBAL). The order provided:

“Upon reviewing the facts of the case, the Department Hearing Office has determined that there is insufficient evidence to support the suspension because the arresting officer failed to appear.”

A copy of the order was provided to the Hillsborough County Sheriff’s Office.

Twelve (12) Month Refusal Suspension Set Aside

On July 19th, 2021, the HSMV Field Hearing Officer at the Bureau of Administrative Reviews entered an order setting aside the suspension for refusal. The case involved a DUI arrest by an officer with Florida Fish and Wildlife Commission. The hearing officer determined “that there is insufficient evidence to support the suspension because the DUI evidentiary packet was not received.”

Twelve Month Administrative Suspension for Refusal Invalidated

On September 20, 2021, HSMV Field Hearing Officer George L. Winslow, Jr., issued an order invalidating the 12 month administrative suspension. The administrative suspension was triggered by an officer with the Orange County Sheriff’s Office after a DUI arrest involving a refusal to submit to a breath test.

At the hearing, we argued that the suspension should be invalidated because the investigatory stop was not based upon a lawful well-founded suspension that our client was or was about to become involved in criminal activity.

In our case, our client was asleep or unconscious, properly parked in a marked paved parking lot, engine off, sitting behind the wheel of the vehicle. Our client awoke on his own as a Deputy stood outside the vehicle. The Deputy’s report states that he observed our client to be disoriented, and his eyes were bloodshot.

The Deputy asked our client to exit the vehicle and our client asked if he had to get out. The Deputy responded that he needed to exit the vehicle so that the Deputy could see if he was alright. After he exited the vehicle the Deputy then reported seeing additional clues of impairment that eventually resulted in the DUI arrest and refusal.

6 Month Administrative Suspension Invalidated

On January 13, 2020, a DHSMV Field Hearing Officer in Tampa, FL, invalidated our client’s 6 month administrative suspension for having a breath test reading over .08. The reason for invalidating the suspension was because there was insufficient evidence to support the suspension because the “arrest was unlawful.” The decision was made after four witnesses testified at the hearing.

12 Month Administrative Suspension for Refusal Invalidated

In another case decided on January 13, 2020, a DHSMV Field Hearing Officer in Tampa, FL, invalidated our client’s 12 month administrative suspension for refusing a breath test after the DUI arrest. The reason for invalidating the suspension was because there was insufficient evidence to support the suspension because the “arresting officer failed to appear.” The arresting officer worked at Florida Highway Patrol.

Administrative Suspension for Refusal Invalidated Because “No Actual Refusal”

On February 12, 2020, a HSMV Hearing Officer invalidated a 12-month administrative suspension for refusing a breath test after the DUI arrest. The arresting officer worked at the Hillsborough County Sheriff’s Office. At the hearing, the attorney was able to show that the packet contained insufficient evidence that any refusal was willful or happened after the reading of implied consent. The hearing officer agreed by determining “that there is insufficient evidence to support the suspension because there was no actual refusal.”

On February 18, 2020, a HSMV Field Hearing Officer at the Bureau of Administrative Review office in Clearwater, FL, invalidated a six month administrate suspension because the hearing officer determined that there is insufficient evidence to support the suspension because of no evidence to place the driver in physical control.

On April 20, 2020, the HSMV Field Hearing Officer with the Tampa Bureau of Administrative Reviews entered an order setting aside the administrative suspension of the driver’s license triggered by an unlawful breath or blood alcohol level. The hearing officer found insufficient evidence to support the suspension because the arresting officer failed to appear after being properly served with a subpoena.

On April 28, 2020, the HSMV Field Hearing Officers at the Bureau of Administrative Review in Clearwater set aside the six month suspension of driving privileges for driving with an unlawful alcohol level. The order found that after reviewing the facts of the case, the Hearing Officer determined that there is insufficient evidence to support the suspension because the arresting officer failed to appear. 

On May 14th, 2020, a HSMV Hearing Officer at the Tampa Bureau of Administrative Review issued an order setting aside a CDL disqualification dated April 4, 2020, and a suspension dated April 4, 2020, for driving with an unlawful alcohol level because “there is insufficient evidence to support the suspension and disqualification…”

On July 28th, 2020, the HSMV Field Hearing Officer at the Bureau of Administrative Reviews (BAR) in Tampa, entered a final order setting aside the suspension for having an unlawful alcohol level. The hearing officer determined that there was insufficient evidence to suppose the suspension because the arresting officer failed to appear. A copy of the order was furnished to the Florida Highway Patrol.

18 Month Hard Suspension for Second Refusal Set Aside 

On August 4, 2020, the HSMV Field Hearing Officer at the Bureau of Administrative Reviews (BAR) in Clearwater, FL, entered a Final Order on Results of Review Hearing.  The order set aside the eighteen (18) month administrative suspension for the second refusal. At the hearing, the breath test operator appeared but the arresting officer did not. As a result, the hearing officer had insufficient evidence to support the conviction.

12 Month Refusal Suspension Set Aside at Tampa BAR

On September 21, 2020, a field hearing officer at the DHSMV’s Bureau of Administrative Reviews in Tampa, FL, issue a final order on the results of the formal review hearing which invalidated the 12 month administrative suspension for refusing to submit to a breath, blood, or urine test. At the hearing, several troopers with the Florida Highway Patrol testified. After reviewing the packet of information submitted by the trooper and listening to the testimony and arguments, the hearing officer determined that there was insufficient evidence to support the suspension “because the arrest was not lawful.”

12 Month Refusal Suspension Set Aside at Tampa BAR

On September 25, 2020, the hearing officer set aside a 12 month suspension for a second refusal after a DUI arrest by an officer with the Pasco County Sheriff’s Office. In this case, we did not subpoena any witnesses because the information in the packet was insufficient, on its face, to support the suspension. At the hearing, we made several objections to show all the problems. The hearing officer issued an order that invalidated the suspension after determining that “there is insufficient evidence to suppose the suspension because of conflicting evidence or discrepancies.”

6 Month DUBAL Suspension Set Aside at Tampa Bar

On October 6, 2020, a hearing officer with the Tampa Bureau of Administrative Reviews issued a final order setting aside a 6 month driver’s license suspension for having an unlawful alcohol level because of “insufficient evidence to support the suspension because the arresting officer failed to appear.” The arresting officer was a trooper with the Florida Highway Patrol.

Petition for Writ of Certiorari Granted and Suspension Quashed

On October 27, 2020, the Chief Judge in Polk County, FL, The Honorable Ellen S. Masters, issued an order granting our petition for writ of certiorari and quashing the administrative suspension. We filed the writ after the hearing officer improperly denied our request to invalidate an administrative suspension.

In this case, the hearing officer inadvertently set the hearing for October 20 instead of November 20. After realizing the mistake, the hearing officer failed to correct the mistake within the 30 day deadline. After the 30 days passed with no hearing being properly scheduled, we filed a motion to invalidate. Instead of just invalidating the suspension as required by statute, the hearing officer continued the hearing and then ruled on the merits after several witnesses testified.

After the hearing officer upheld the suspension, we filed a Motion for Reconsideration and Demand for Attorney Fees and Costs on February 14, 2020, pursuant to Section 57.105, Florida Statutes. We then filed the “petition for writ of certiorari” which was ultimately granted.

On appeal, the Court noted that the DHSMV was wrong when it alleged the issue was not preserved for review and found the DHSMV’s arguments to be “insincere.” The Court also admonished the DHSMV when it wrote:

“…the Hearing Officer determined that Petitioner’s attorney should not raise an objection to the scheduling error when the Department has previously afforded the benefit of a continuance or temporary driving permit to the attorney’s other clients. That is not the standard outlined by Florida Statutes. Similarly, the Court is not persuaded by the Department’s suggestion that professional civility required the Petitioner’s attorney to “pick up the phone” or otherwise alert the Department to correct the error even if such action is contrary to the best interest of the attorney’s client.”

6 Month DUBAL Suspension Set Aside at Clearwater BAR

On December 4, 2020, the HSMV Field Hearing Officer at the Clearwater BAR invalidated an administrative suspension for driving with an unlawful breath alcohol level. The order provided: “[u]pon review of the facts of the case, the Department Hearing officer has determined that there is insufficient evidence to support the suspension of the petitioner’s driver license due to insufficient documentation submitted to the administrative hearing to establish probable cause of the arrest. (No arresting agency evidence packet).”

In a Final Order on Results of Review Hearing, a HSMV Field Hearing in the Bureau of Administrative Review office in Clearwater, FL, set aside a suspension for refusal to submit to a breath, blood, or urine test because the probable cause affidavit was not attested by the arresting officer with the Manatee County Sheriff’s Office.